S. Srinivasan, v. State Rep. by Inspector
Case brief
What is this about?
The Single Judge granted anticipatory bail to the petitioner accused of culpable homicide causing death. The court imposed conditions including daily police reporting, execution of a bond, and appearance before the Magistrate within 15 days.
What did the court decide?
Petitioner ordered released on bail in event of arrest upon executing a bond of Rs. 10,000 with two sureties and complying with conditions under Section 438 Cr.P.C.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Crl.OP.No.6623 of 2016
K.KALYANASUNDARAM,J.
The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 174 Cr.P.C and subsequently altered under Section 306 IPC in Crime No.1878 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.
- The case of the prosecution is that the the petitioner/A1 married the defacto complainant's daughter on 28.01.2007. Due to wedlock, two daughters were born through them and she committed suicide on 03.11.2014 by hanging. The case was registered based on the complaint given by the mother of the deceased, in which, she has stated that her daughter was suffering from nervous problem and she was also taking treatment. Further, it is stated that she was facing mental tension and she was also having small problems with her husband. While so, her husband received a call from her son in law informing that her daughter has committed suicide.
3.Mr.S.Kasirajan, learned counsel for the petitioner would submit that the deceased was suffering from mental illness and she was provided continuous treatment by the petitioner by spending lakhs of rupees, as she is hailing from poor family. It is further submitted that there is absolutely no allegation in the complaint in respect of demand of dowry or harassment and she has also left a suicide note stating that she is responsible for her suicide.
2
Immediately, after the occurrence, the children of the petitioner were taken to his sister-in-law's house, in Karnataka, where they were tutored to give statement against the petitioner and therefore, the statements dated 03.09.2015 have no credence at all.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges under Section 306 IPC regarding the death of his wife.
Whether the petitioner satisfies the conditions for release on bail given the lack of prior bad character.
What conditions should be imposed upon the grant of anticipatory bail.
Parties & counsel
- petitioner
K.Kalyyanasundaram
- respondent
Respondent Police
Coram
K.KALYANASUNDARAM
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court